BIRDY35 Posted January 22, 2016 Share Posted January 22, 2016 Hi, just wondering if anyone has had any experience with, or can tell me about the process of getting a spousal visa for Australia. I am finding it hard to get clear information off the Australian Government website as to what is required. I am Australian and my husband is a UK citizen. We have been married and living in the UK for 15 years. We have two children who both have UK/Australian dual nationalities. Now looking at moving to Oz permanantly and wondering if it is relatively straightforward or would it potentially be a lengthy drawn out process? I can't find any information on any 'minimum requirements' for him or even how long the process would take? Thankyou in advance Link to comment Share on other sites More sharing options...
lebourvellec Posted January 22, 2016 Share Posted January 22, 2016 Welcome to PIO There is a thread on offshore partner processing times, but generally offshore is taking around 9-12 months and onshore longer. https://www.border.gov.au/FormsAndDocuments/Documents/1127.pdf booklet 1 has the information you need and the evidence you would have to provide to show your relationship is genuine and continuing, as you have been together a long time and have children, you husband should get permanent residency straight away. Also it would be worth for yourself to get UK citizenship before you go if you do not already have it. Link to comment Share on other sites More sharing options...
Seppo Posted January 22, 2016 Share Posted January 22, 2016 As lebourvellac indicated, you should have no problem getting a PR for your husband. You will be applying for a 309/100 visa. I would think with your situation, you would be granted a 100 at the outset. I did this for my wife back in 2007, and although time consuming and cumbersome, she was granted with no problems. PM me if you want to and I can lead you through it. Link to comment Share on other sites More sharing options...
BIRDY35 Posted January 22, 2016 Author Share Posted January 22, 2016 Thankyou both for you replies. I have a British passport already so that part is sorted. What I am confused about is if we decide to go for the onshore application, does that mean that my husband would just enter Australia on the usual visitors visa that you purchase before you leave? I have visions of all sorts of issues at customs when we state that he is intending to apply to stay! Thankyou for the offer Seppo which I may just take you up on if we get going with it - I wonder did you do an onshore application and did you just do the process yourself rather than use a consultant? Also, is it under the proviso of you 'sponsoring' your partner, or do they not really take financial provisions into consideration? Apologies for all the questions. Link to comment Share on other sites More sharing options...
lebourvellec Posted January 22, 2016 Share Posted January 22, 2016 It is possible to enter on a evisitor (this visa is free) apply onshore, a bridging visa would be issues and full work rights once the visitors visa expires. Depending when you are planning on going applying offshore may be easier and no issues going through customers. Just had a look at the recent grants on the Partner visa thread and some are being granted around 7 month recently, this could be due to the large increase in application fee less people applying offshore. Link to comment Share on other sites More sharing options...
GooseRenders Posted January 22, 2016 Share Posted January 22, 2016 Surely you get full working rights once the 309/100 is granted, not when the visitor visa expires?? Link to comment Share on other sites More sharing options...
VERYSTORMY Posted January 22, 2016 Share Posted January 22, 2016 Surely you get full working rights once the 309/100 is granted, not when the visitor visa expires?? No, a bridging visa is granted and that comes with work rights. Link to comment Share on other sites More sharing options...
Bound4Tassie Posted January 22, 2016 Share Posted January 22, 2016 It really is quite straightforward for someone in your situation. Bit of a faff uploading all the information but not really too taxing. Link to comment Share on other sites More sharing options...
Guest Posted January 23, 2016 Share Posted January 23, 2016 Official off shore processing time is about 10-14 months. On shore its 12-15 months. Both cost the same. Medical and police checks will be required but don't do this at time of lodging as they are only valid or a year. Wait till asked by CO. Personally if you have a bit of time I'd apply off shore asap and get things in order while you wait for the grant. Currently applicants are seeing grants around the 7-8 month mark but this is not a given nor should you expect it to be the timing for you should you lodge off shore. But grants do seem to be coming through a bit quicker at present from the official wait time. Just be prepared it could take 10 months. Its easy enough to do on your own, just a big chunk of forms to fill in and evidence to supply. I don't see the need for an agent for a partner visa that is straightforward (ie no serious medical issues or convictions). Many people do the partner visa application themselves. I did. Please refer to this site for the off shore application via London. It has some links on that page re processing times and other things. The only thing it doesn't cover iirc is the online application but that is done via the Aus immi site anyways and is easy to find and set up. http://uk.embassy.gov.au/lhlh/immi_partner.html On shore applications actually do seem to be taking the timeframe given. I don't think I've read of grants coming through sooner for a while now. If you did want to lodge on shore keep in mind that you will have to enter on a tourist visa and your husband may be asked about his intent on a one way ticket or some such. I'd advise he doesn't carry all his supporting evidence in his luggage or on him. Also he'd have to go off shore for a few days when the partner visa was granted. He would get full work rights on the bridging visa while waiting for the partner visa to process. Consider some employers may not be keen on a bridging visa and may prefer PR in place. Link to comment Share on other sites More sharing options...
Guest Posted January 23, 2016 Share Posted January 23, 2016 Re the financial aspect, you don't have to be the main earner to sponsor. You would write in your supporting statements how it works in your family is all. My husband was the sponsor and also the main earner at the time and so we explained this in our statements and he showed 2 years worth of salary slips to show this and explained how the money was spent etc. Also that when we arrived in Aus we would be staying with family till we were able to find a place to rent/buy and work etc. Had I been the main earner at the time I'd have written my statement to reflect this and so would he. Plus I'd have included my proof of earnings etc to show where the money was going as a family etc. He'd have still said about us staying with his family etc. Link to comment Share on other sites More sharing options...
BIRDY35 Posted January 23, 2016 Author Share Posted January 23, 2016 Some fantastic information thankyou everyone. Potentially we are looking at maybe being there by August so looks like it would have to be an onshore application. It's a tricky one with earnings and main earners as we have run our own business and would be heading over with a lump sum to first of all live off and picking up some casual work as and when to help along a bit. Then hopefully purchase or set up our own business over there at some point once we are settled. Am hoping this wouldn't cause complications as to who would be the main earner etc if this is something that has to be clearly addressed on the application. Interesting point Snifter about not stating your intent on entering and carrying supporting evidence - it all seems a bit underhand in a way. What else are you meant to do if circumstances mean it's not a viable option to stay on in the UK for another year you wait! So you are advising that it's not a good idea to tell them on entering Australia with a visitors visa, that we are intending to apply for a partner visa? Link to comment Share on other sites More sharing options...
Guest Posted January 23, 2016 Share Posted January 23, 2016 Some fantastic information thankyou everyone. Potentially we are looking at maybe being there by August so looks like it would have to be an onshore application. It's a tricky one with earnings and main earners as we have run our own business and would be heading over with a lump sum to first of all live off and picking up some casual work as and when to help along a bit. Then hopefully purchase or set up our own business over there at some point once we are settled. Am hoping this wouldn't cause complications as to who would be the main earner etc if this is something that has to be clearly addressed on the application. Interesting point Snifter about not stating your intent on entering and carrying supporting evidence - it all seems a bit underhand in a way. What else are you meant to do if circumstances mean it's not a viable option to stay on in the UK for another year you wait! So you are advising that it's not a good idea to tell them on entering Australia with a visitors visa, that we are intending to apply for a partner visa? I'd apply off shore still asap and get it all rollling and head to Aus on a tourist visa in August and then when the partner visa is ready to be granted your partner can head off shore for a few days. If you are lucky it may be in before you go, if not sometime within the 3 months on the tourist visa. Lots of people do this and apply off shore and if need be head to Aus for the last month or two or if they want to go a bit sooner before the grant is back. I was going to do it myself had my visa not come through. It was due to take 9-10 months and was granted in 7. That meant I didn't need a tourist visa and entered with full PR. Personally I'd not go the on shore route and have a year plus on a bridging visa and all that if you can apply off shore and spend a month or two on a tourist visa if its needed. Link to comment Share on other sites More sharing options...
BIRDY35 Posted January 23, 2016 Author Share Posted January 23, 2016 Just one more question - if we were to go ahead and get the offshore visa application rolling, once it is granted does anyone know how long you have to activate it/make the move, if indeed there is a limit at all? Link to comment Share on other sites More sharing options...
Guest Posted January 23, 2016 Share Posted January 23, 2016 Just one more question - if we were to go ahead and get the offshore visa application rolling, once it is granted does anyone know how long you have to activate it/make the move, if indeed there is a limit at all? You get 12 months from the date of the medical or police check, whichever is done first. Hence not doing them till about 6 months into the off shore process when requested by your CO. They usually grant with at least 6 months entry time then, longer depending on when the actual grant comes through. CO can extend them if need be but its just easier to do them when asked by CO than doing them too early IMHO. Saves the worry I think. If you applied asap your husband would probably be asked to take the medical around July and provide the ACPO police check also. If you then wanted to head to Aus with husband on a tourist visa in August, you would need to ensure you inform CO of this and apply for the tourist visa well ahead of any possible grant coming through so as the visas don't overlap (as one can cancel out the other). I think I applied for my tourist visa soon after doing my medical but that was when you did medical at the 3 month mark and still had another 6 or so months on average for grant time. As it was I never needed to travel on it as my partner visa came through before we left. The CO needs to know where your husband is as an off shore visa cannot be granted while on shore in Aus. So your husband would inform them he was travelling to Aus on X date and they will either grant before he goes, not a certainty at all but it does happen or once he is in Aus will advise him via email the visa is ready to grant and for him to arrange to go offshore and to let them know his dates etc so they can be ready to grant. The partner visa being granted would then cancel out the tourist visa IYKWIM. Its meant to be 3 working days out of the country, going anywhere else Make sure he has an online email account he can access and use for his application if you do this so he can get all emails from CO. I used gmail for my application stuff. We have a great partner visa thread on the forum with lots in the same boat so feel free to ask questions and do some reading there http://www.pomsinoz.com/forum/migration-issues/58449-summary-spouse-visa-processing-times-offshore-uk-please-add-your-stats-1327.html I suggest you download and print off the partner visa booklet and make notes, cross out any parts that don't apply (ie the prospective marriage stuff) and whittle it down to what you need to know to apply. Gather your supporting evidence, passports, marriage licence, kids birth certs and all the Aus passports, your Aus BC may well be needed too. Also the bills, wills, mortgage docs, banking and get it all in order. Make sure your husband as the applicant fully understands the process, read up about others who have applied off shore and gone to Aus to await the visa grant (lots do do this in the last few months of the wait and you can read about their experiences on the forum I am sure, so ask away in the partner visa thread and see who did this recently as its been a couple of years since I applied). Then if you are happy with it all, set about applying. If you prefer to wait for an actual grant before departing the UK, plan for this. You could always go on ahead in August with the kids and husband could tie up things in the UK and head over once the visa was granted is another option perhaps? Link to comment Share on other sites More sharing options...
BIRDY35 Posted January 26, 2016 Author Share Posted January 26, 2016 That thread is great Snifter - thanks for all the help. Now just got to start getting it sorted! Link to comment Share on other sites More sharing options...
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